08-16-2001 Regular Meeting1
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REGULAR MEETING OF THE ISLE OF WIGHT. COUNTY BOARD: OF
SUPERVISORS HELD THE SIXTEENTH DAY OF AUGUST EV THE
YEAR TWO THOUSAND AND ONE -
PRESENT:. Henry H. Bradby, Chairman
Robert C. Claud, Sr., Vice-Chairman
Stan D. Clark
Richard K. MacManus
Phillip A. Bradshaw
Also Attending: H. Woodrow Crook, Jr., County Attorney
W. Douglas Caskey, County Administrator
Donald T. Robertson, Assistant
County Administrator/Director of
Human Resources
Carey H. Mills, Recording Secretary
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Chairman Bradby called the meeting to order at 6:00 p.m. i'he
invocation was delivered by Supervisor Claud.
The Pledge of Allegiance was conducted.
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Supervisor Bradshaw moved the Board amend the regular order of the
agenda by making the County .Administrator's report Item i , the County
Attorney's report Item 2, Citizens Comments Item 3, Transportation. Matters
Item 4, Community Development report.Item 5, Emergency Management
Report Item 6 and the Consent Agenda Item 7. The remainder of the agenda
will be heard as originally listed on the Table of .Contents in the agenda.
The motion was adopted unanimously (5-0).
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.Chairman Bradby called for the County Administrator's report.
County Administrator. Caskey presented a Resolutionto Oppose H.R.
2646 as Drafted by the House Committee on Agriculture for the Board's
consideration.
Supervisor Bradshaw moved the Board adopt the resolution and direct
staff to forward a copy to Congressman Forbes and Senators -Warner and
Allen. The motion- was adopted with. Supervisors MaeManus, Bradshaw,
Bradby, Clark and Claud voting in favor of the motion (5-0) and no
Supervisors voting against the motion.
County Administrator Caskey presented a request by the Town, of
Windsor that within the annexed area that became effective July 1, 2001 to
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expand .the recyclables collection service to include all those residential
neighborhoods and clusters of housing within that area.
Supervisor Claud moved. the Board authorize SPSA to proceed in
expanding .the .curbside collection of household recyclables within the
Windsor annexed area, as may be identified. The motion was adopted with
Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor
of the motion (5-0) and no Supervisors voting against the motion..
County Administrator Caskey notified the Board that staff is
:proceeding to update and reprint the Citizens Guide and that. there will be
additional expenses for the reprinting of it in the current .budget.
County Administrator Caskey distributed information pertaining to an
upcoming Virginia Certified. Planning Commission program. to be held in
October, 2001. He requested Board members interested in attending to
contact his office.
County Administrator Caskey referred: to correspondence from the
County Administrator from the Dr. Decker proposing certain dates for a
joint meeting between the Board and School Board.
Supervisor Bradshaw moved the Board direct staff to communicate to
the School Board that the Board prefers meeting on October 18, 2001 at
4:.00 p.m. The motion was adopted with Supervisors MacManus, Bradshaw,
Bradby, Clark and. Claud voting in favor of the motion (5-0) and no
Supervisors voting against the motion.
County Administrator Caskey noted the appearance of MacFarland
Neblett, VDOT Resident Engineer, who introduced Joe Farley, District
Assistant Traffic Engineer, and Andy Freeman, Associate Engineer.
Supervisor Clark requested the status of prior requests relative to
Whippingham Parkway.
Mr. Neblett advised a speed study along Whippingham Parkway
between Route 1915, Little Hampton Lane, and Route 1921 which produced
an 85 percentile speed of 35.12 miles per hour..
.Responding to .Supervisor Clark's inquiry about traffic slowing
techniques, Mr. Farley explained that the first section of roadway leading
into Whippingham Parkway is posted 55 mph and the section further back
although it is a statutory 25 mph section, it has never been submitted as
such. He stated VDOT is going to submit the section located in
Carrisbrooke as being 25 mph. He stated regarding. the request for a three
and four-way stop signs inside the subdivision, VDOT does not adhere to
these as they do not accomplish what they are trying to accomplish. He
stated No Thru Traffic signs can not be posted on public roads. He
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distributed a brochure of methodologies that can be used to attempt tQ
address problems in subdivisions.
Supervisor Claud stated he has been contacted concerning the. copy
machine in the Registrar's office which is not adequate to handle the
additional work being handed down by the State.
Supervisor Claud moved the Board direct staff to contact the Electoral
Board Chairman and/or Ms. Edwards, Registrar, so as to determine the cost
for a new .copy machine. Staff is to report back to the Board at .its
September 6, 2001 meeting.. The motion was adopted with Supervisors
MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of .the
motion (S-0) and no Supervisors voting against the motion.
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Chairman Bradby called for the County Attorney's report.
County Attorney Crook stated the option for the property .for
Sustainable Forest and International Paper has been signed by the authorized
representatives of Sustainable Forest Limited Liability Company and
International Paper. He recommended the Board. approve the option and
authorize the Chairman to sign.
Supervisor Claud moved the Board approve the option and authorize
the Chairman to sign it on behalf of the County. The motion was adopted
with :Supervisors MacManus, Bradshaw, Bradby, Clark. and Claud voting in
favor of the motion (S-0) and no Supervisors voting against the motion.
County Attorney Crook stated pursuant to the Board's previous
request to staff to prepare an amendment tothe Water and Sewer Ordinance
to increase the connection fees from $3,000 to $4,000, he has reviewed the
fees and found them to be graduated. In this regard, he asked the Board
members if they had a desired graduated fee or if they. wished to keep the
same ratio..
Supervisor Bradshaw moved the ordinance .amendment be prepared
and published to maintain the same ratio with the base- fee set. at $4,000 on "
the connection fees.. The motion. was adopted .with Supervisors MacManus,
Bradshaw, Bradby, Clark and .Claud voting in favor of the motion (5-0) and
no Supervisors voting against the motion.
County Attorney Crook stated he has several matters for closed session
later in the meeting.
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Chairman Bradby called for Citizens Comments.
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Pat Clark requested that the County Attorney advise if the 1998 zoning
of Eagle Harbor invalidates the 1975 zoning agreement covering Founders
Pointe.
Joe. Ferguson requested that private citizens and groups be allowed to
utilize Boykin's Tavern.
Supervisor MacManus .:moved the Board request the two (2)
committees (Guidelines Committee and Furnishings Committee) to meet
and come back with a recommendation. Staff is to coordinate such meeting.
The motion was adopted with Supervisors MacManus, Bradshaw, Bradby,
Clark and Claud voting in favor of the motion (5-0) and no Supervisors
voting against the motion.
Sharon Hart, representing the Isle of Wight Citizens Association,
.requested that staff investigate and report back. to the Board on the proposed
changes to wetlands regulations by the Corps of Engineers. She noted that
the Association will be sending written comments to the Corps to express
that the Association will not support any changes that would reduce the
effectiveness of existing wetland laws currently enforced.
Terry Chong, President of the Ramp of Dreams, advised the Board. of a
donation of a six (6) .foot half-pipe to the County for the Skate Park at
.Carrollton Nike Park.
Supervisor Clark moved the Board accept the donation from the Ramp
of Dreams and the Director of Budget and Finance directed to prepare an
appropriate resolution accepting the donation. The motion was adopted with
Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor
of the motion (5-0) and no Supervisors voting against the motion.
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.Chairman Bradby called for Transportation Matters.
Jonathan W. Hartley, Director of Planning and Zoning, stated included
in the agenda is a letter advising VDOT of a modification to the County's
Primary .and Secondary Road Fund (Revenue Sharing Program) for Fiscal
- Year 2001-2002.
Supervisor Clark moved the Board authorize the Chairman to sign the
letter revising the County's intent to participate in the Revenue Sharing
Funds for FY2001-2002 at reduced levels from those previously indicated in
March, 2001. The motion was adopted with Supervisors MacManus,
Bradshaw, Bradby, Clark and Claud voting in favor of the motion (5-0) and
no Supervisors voting against the motion.
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Mr. Hartley referenced a letter dated August 6, 2001 from Shirley J.
Ybarra, Secretary of Transportation, advisingthat additional State funding is
currently not available to extend the proposed left turn lane on Route 460 to
the Hidden Acres Subdivision, but that funding is available to construct the
left turn lane from the Dairy Queen Restaurant to Shirley Drive.
Mr. Hartley advised that the next quarterly meeting with VDOT staff
is scheduled for .September 5, 2001 at 1:30 p.m. at the Suffolk District
office. He requested Board members advise him of any items they wished to
have addressed at the meeting.
Mr. Hartley advised. that the VDOT Resident, Engineer would be
present at the. Board's September 6, 2001 meeting. He requested the Board.
. advise him of any issues they wished to have addressed.
Supervisor Bradshaw advised that VDOT would be replacing the.
culverts on Route 460 in Zuni to alleviate any future flooding. ,
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Chairman Bradby called for the Community Development Report.
Mr. Hartley stated included in the agenda is a status of the Founders
Pointe Master. Plana He advised there will be a community meeting on
August 28, 2001 at 7:00 p.m. at the Carrollton Elementary School.
Supervisor Bradshaw stated the Board. will be convening early at its
September 6, .2001 meeting to discuss personnel issues and he would
suggest this item be listed as the first item on the agenda.
Mr. Hartley stated. pursuant to the Board's discussion of a joint
meeting with the Planning Commission to review the Zoning Ordinance, the
members of the Planning Commission have suggested September 27, 2001.
at 5:00 p.m. for such meeting.
Upon suggestion of Supervisor MacManus, Mr. Hartley offered to-
contact Ed McMahon to invite him to address the Board on zoning ideas ,the
first week in October. He further suggested inviting the. Towns of Smithfield
and Windsor Council members and Planning Commission members.
Supervisor Clark suggested that the meeting be held at The Smithfield
Conference Center.
Mr. Hartley requested the Board. advise him of any agenda items..
Mr: Hartley noted he recently attended the Southern Area Review'
Committee meeting of CBLAD at which he recommended full consistency
of the County's Comprehensive Plan to the full Board.
Mr. Hartley .distributed a copy of .the Action List. from the Planning
Commission.-
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chairman Bradby called for the Emergency Management report.
Richard O. Childress, Director of Emergency Management, presented
the Mutual Agreement between Isle of Wight County and the
Commonwealth of Virginia, Department. of .Transportation (VDOT) for a
device to be attached to traffic lights which allows emergency vehicles to
pass through unimpeded.
Supervisor .Clark moved the Board authorize the Chairman of the
Board to sign the mutual agreement on behalf of the County, subject to the
approval of the County Attorney, and that the Towns of Windsor and
Smithfield be notified. that the County has approved the Agreement.. The
motion was adopted with Supervisors MacManus, Bradshaw, Bradby, Clark
and Claud voting in favor of the motion (5-0) and no Supervisors voting
against .the motion..
Chairman Bradby advised- that .the generator at the Rushmere
Volunteer Fire Department would be tested on Tuesday.
Supervisor Claud inquired if the Central Dispatch Committee had meta
Mr. Childress stated the Central Dispatch Committee has met and
scheduled another meeting for August 21, 2001.
Supervisor Claud noted he is still receiving complaints regarding the
inability of Windsor. Volunteer Rescue Squad personnel to clearly hear the
Smithfield dispatchers. He requested Mr. Childress to inquire as to when
the headsets will be secured and operational.
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Supervisor Bradshaw moved the Board amend the regular order of the
agenda in order to hold the public hearings at this time. The motion was
adopted unanimously (5-0).
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Chairman Bradby called for a public hearing on the following:
A. An Ordinance to Amend the Chesapeake Bay Preservation Ares
Ordinance, Section 3002 to Add Nan-Tidal Wetlands Adjacent
to Intermittent. Streams as Resource Protection Area
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Mr. Hartley stated the Planning Commission. discussed the Ordinance
at its meeting on June 12, 2001 and recommended the Board deny the
Ordinance.
Chairman Bradby called for citizens to speak in favor of or in
opposition to the proposed Ordinance.
Pat Clark of Twin Hill Lane stated the- proposed amendment supports
preserving the environment and addresses the .non-point sources ~of
pollution. He requested the Board .approve the Ordinance.
Joe Ferguson of Dews Plantation Road stated he supports the
Ordinance if it applies to the .area in the County. that is part of the
Chesapeake Bay watershed, but not if it applies to the Blackwater area.
Mr. Hartley confirmed that .the current Ordinance and the proposed
amendments apply only to the Chesapeake Bay watershed.
Dean Vincent of Gatling Pointe Parkway suggested that the Board .not
rush into approving the amendments. He stated it is difficult to accurately
.determine the impact on properties. He stated there are provisions in the
current Ordinance and ways to achieve what this proposal is trying to do.
He stated the property owners which would be affected are not identified
and it does not distinguish how this change would affect existing
homeowners whose homes are built on or within .100 feet of existing slopes
of 15% or greater. He stated approval of the proposed Ordinance would
prevent existing homeowners from adding onto his home or possible prevent
him from rebuilding in the event of a fire. He stated it fails to quantify any
current. degradation of water quality into the perennial streams from existing
development. adjacent to intermittent streams. He recommended. that the
County wait until CBLAD and the Corps of Engineers releases information
on its amendments to its regulations which will occur in the Fall.
Janet Brown of Butterfield Lane requested that persons .who own .
property on the water be notified about items such as this. She stated no one
on this lane was notified about this ordinance amendment.
In response to Board inquiry on public notice, County Attorney Crook
stated the Ordinance was advertised twice.:in the newspapers for the public
hearing- by the Board tonight and twice for public hearing by the Planning
Commission.
:Tom Kirk of Echo Lake stated the. proposed Ordinance does all but
condemn.. property of homeowners who have a 15% slope that go ..into -
intermittent. streams. He stated approval of the Ordinance would eliminate
any property owner on Echo Lake from doing. anything in the future. He
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stated he is also representing Stan and Melinda Smeltzer, Carol .Roland,
Mark Smith, Bill and Janet Shields.
Steve Adams with Cypress Creek Development spoke in support of
the Planning Commission's decision of 8-1 to recommend denial. He stated
if approved, the impact on Cypress Creek development would be significant.
He stated this Ordinance is not required under any State legislature at this
timeand the full impact is not known at this time: He statedthe economic
impact on the County in the long range is also unknown.
Wayne Melcore, representing the owners of "The Rocks" stated he
supports reasonable measures that protect intermittent streams. He stated
whether or not he has a problem with the ordinance depends on what is used
as the criteria for intermittent streams.
Thomas Finderson stated that while .the environment. is suffering a
major- impact he would suggest that the Board reduce the buffer number
from 100 feet to 75 feet as a form of compromise in case the County is being
too severe on developers.
Chairman Bradby closed the public hearing and called for comments
from the Board.
Supervisor Clark stated he believed the amendments warranted further
review.
Supervisor MacManus stated the Board just received information from
staff yesterday and as he has not had an opportunity to review it, he would
concur that it would be premature for the Board to take any action at this
point.
Supervisor Bradshaw stated he would like additional time to review
the information, as well as the comments. received tonight.
Supervisor Claud noted there are too many unknowns and he would
like. to know what kind of impacts the amendment would have on the
agricultural and forestal community.
Supervisor MacManus moved the Board direct staff to contact
CBLAD, Corps of Engineers and- DEQ and obtain their feedback. The
motion was adopted with Supervisors MacManus, Bradshaw, Bradby, Clark
and Claud voting in favor of the motion (5-0) and no Supervisors voting
against the motion.
Supervisor Clark moved .the Board further review additional
information requested by Supervisor MacManus until. the October 18, 2001
meeting. The motion was adopted with Supervisors MacManus, Bradshaw,
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Bradby, Clark and Claud voting in favor of .the motion (5-0) and no
Supervisors voting against the motion.
Chairman Bradby called fora public hearing on the following:
B. An Ordinance to Adopt Administrative Fees for Planning and
Zoning Matters
Chairman Bradby called .for persons to speak in favor of or in
opposition to the proposed Ordinance.
County Attorney Crook stated the Planning Commission
recommended adoption of the Ordinance at its last meeting and if the Board
adopts these .rates, the motion would need to recite that these rates would
supersede anything that may be contained in any of the Ordinances, i.e,
Subdivision Ordinance, Zoning Ordinance, Wetlands Ordinance, for
administrative purposes. He stated it would take a number of amendments
~to the County's other ordinances to implement or put these rates in those
ordinances.
Upon no one speaking in opposition, Chairman Bradby called for
comments from the Board.
.Supervisor MacManus stated the cost estimate for subdivision plat
reviews, site plan reviews and wetlands permits twelve (12) years ago were
much lower than the amounts being proposed now. He stated he has a hard
time understanding why the County did not originally try to match DMG's
recommendations, at least in those specific areas, twelve (12) years ago.
Mr. Hartley stated what the Board has in the fee schedule is what was
recommended by staff in .1991., not what was recommended by DMG.
Supervisor Bradshaw recommended the Board follow the 1989: study,
presented in 1991, as these rates can be justified.
Supervisor Claud recommended that staff evaluate subdivision .plat
reviews, site plan reviews,. wetlands and zoning permits and ..provide the
Board withgeneral information.
Supervisor Clark. stated he would like to know what Prince George and
Gloucester Counties charge. He stated the Board wants. the applicant to bear
the burden of what it cost the County to process applications.
Supervisor MacManus moved- the Board not adopt ,the recommended.
ordinance before the Board. The motion .was adopted with Supervisors
MaclVlanus, Bradshaw, Bradby, Clark and Claud voting in favor of .the
motion (5-0) and no Supervisors voting against the motion....
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Supervisor MacManus moved the Board direct staff to come back at
the Board's October 18, 2001 meeting with detailed revisions for the cost
.estimates for the Planning and Zoning Department for the Board's review
and consideration. .The. motion was adopted with Supervisors MacManus,
Bradshaw, Bradby, Clark and Claud voting in favor of the motion (5-0) and
no Supervisors voting against the motion.
Chairman Bradby called for a public hearing on the following:
C. The application of Isle of Wight County Department of Parks &
Recreation to hold the "2001 Isle of Wight County Fair" on
Thursday, September 13, .2001 through Sunday, September 16,
2001 on 43.9 acres of land adjoining the Courthouse Complex
which is located on the west side of Courthouse Highway (Route
258) in Hardy Magisterial District
Chairman Bradby called for citizens to speak in favor of or in
opposition to the application.
Alan S. Nogiec, Director of Parks and Recreation, requested the Board
approve the application for the proposed eighth County Fair scheduled for
September 13`x' through the l 6`'', 2001.
Chairman Bradby closed the public hearing and called for comments
from the Board.
Supervisor Bradshaw moved the Board approve the application of Isle
of Wight County Department of Parks and Recreation. The motion was
adopted with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud
.voting in favor of the motion (S-0) and no Supervisors voting against the
motion.
Chairman Bradby called for a public hearing on the following:
D. .The application of F. Bruce Stewart & Holt M: Livesay, owners
and Veterans of Foreign Wars, Franklin Post 4411, prospective
owner for a change in zoning classification from NC-R2 to
Conditional General Commercial, 4.3 acres of land located on
the east side of North Lynn Road, Franklin,. in Windsor
Magisterial District. Thepurpose of the application is for the
home post for the Veterans of Foreign Wars, Post 4411 Franklin
and mini storage rentals.
Chairman Bradby called for citizens to speak in favor or in opposition
to the application.
Supervisor Bradshaw stated because he is in a managerial position
with. International Paper, an adjoining property owner to the property being
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requested for rezoning, he would remove himself from any discussions. or
voting due to a potential conflict of interest.
Wesley. Faucet, Chairman for the Post Committee for the Veterans of
Foreign Wars at FFranklin Post 441.1, stated this groups works to assist the
.veterans in the southern end of the. County and also provide funding and
.assistance to the various police and fire departments for community
services. ' He stated special programs for the school is also provided: He
stated approximately $40,000 was produced to help with :Hurricane Floyd.
He stated Post 4411 and International. Paper agreed to work together for a
period of sixty (60) days on the exchange of an acceptable parcel. He stated
if upon completion of the. sixty (60) days the two groups were unable to
agree upon a suitable exchange, International Paper has promised not to
oppose the rezoning of the parcel 69-0126. He stated an agreement was not
reached due to location. because the members thought the location offered by
International Paper were too far away from their present location. He stated
there. was a property owned by International Paper that -was closer to their
location, but it was not available. He stated cost was another factor in not
being able. to reach an agreement. He stated the cost to prepare the site on
Lynn Road would be approximately $10,000. He stated the cost escalated to
$33,755 for the site on Joyners Bridge Road. He stated he believes that
International Paper would not want anyone to be located at ..the property
being considered for obvious reasons. He stated he believes Post 4411 will
be an excellent buffer between. the- industrial site and the Springdale
Apartment complex for elderly and handicapped individuals.
Supervisor Clark nquiredas to the difference between the price of the
property he is requesting rezoning and the land. International Paper was
offering.
Mr. Faucet. replied there would be costs for clearing the land for septic
systems and the deep well.
Supervisor Clark stated Mr. Faucet stated earlier. that International
Paper opposed the rezoning for obvious reasons and what -were these
reasons.
Mr. Faucet replied noise and dust; He stated he was not concerned
with the noise and dust as the current Post is located at the airport.
Supervisor Clark inquired if there was any heavy .truck traffic on the
same road the Post would be accessing,
Mr. Faucet stated by letter. dated June 14.2001, the Post proffered to
locate the driveway on the furthest end of the property driveway to lessen
any interference with the trucks. He stated they also proffered a no on-road
parking to help alleviate this situation.
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Herb DeGrof} of Mill Swamp Road, Hardy District, Vice-Commander
of Post 8545 in Smithfield, spoke in support of this Post request that the
Board approve the site for the new Veterans of Foreign Wars Post. He
stated these individuals have served the flag of our country. and deserve the
opportunity to have the Post at that location. He presented Supervisor
Bradshaw with a savings bond that his daughter won for the VFW .Voice of
.Democracy Contest. He requested.Supervisor Bradshaw give the savings
.bond to his daughter.
Holt M. Livesay, seller of the property, stated in 1976 his Father
offered this property to Union Camp, now International Paper, as it was no
longer needed for the Airway Shopping Center once sewer and water was
installed on Highway 58. He stated he and Bruce Stewart inherited the
property. and the property was placed on-the market in January, 2001. He
stated a representative from the Particle Board Plant of International Paper
contacted the real estate agent and expressed an interest, however, never
followed up. He stated in late February, 2001, the VFW made an offer on
the property. He stated the Planning Commission unanimously
recommended .approval of the request. He stated he had a letter from the
Particle .Board Plant stating they no longer opposed the rezoning after the
two (2) months' period. He stated there was an agreement signed in June,
2001 signed by both parties that stated if the VFW was not provided a
substitute. by International Paper within two (2) months that the Particle
Board Plant would withdraw its opposition. He stated it is not International
Paper that is opposed to the rezoning, just the Particle Board Plant. He
stated it made better sense to zone this property commercial and have the
VFW as a buffer between the Particle Board Plant, zoned industrial and
Springdale Apartments, zoned residential. He stated if sold to the VFW,
there would be no children to educate, nor any strain on County services.
Chairman Bradby closed the public hearing and called for comments
from the Board.
Supervisor MacManus asked. if additional time was allocated, could a
solution be found that would be a compromise position for both parties.
Mr. Faucet stated this possibility was discussed, however, it was
stated that after the rezoning process was over, it would not be of any further
use to International Paper.
Supervisor .Claud noted he had a call from a representative of
International Paper that work between the two (2) parties to find a location
had not been successful. He stated he had the impression that opportunities
existed. if the two (2) parties continued to work at it, but, in the interim, the
letter submitted as of May 1, 2001 to the County was still in effect and
International Paper was not rescinding the letter.
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Supervisor Clark referred to comments by the Director of Planning and
Zoning that indicated. that the weaknesses were that it was not consistent
with the Comprehensive .Plan use. He asked Mr. Hartley to elaborate on
these comments.
Mr. Hartley stated the property is currently designated under the new
Comprehensive Plan as industrial and that there are criteria within that table
in which a .commercial designation .would be applied or a commercial
designation would be evaluated. He stated because this. parcel is not located
on a primary road, among other things, it does not meet those .criteria and
qualify as commercial. He advised that this application was submitted prior
to the adoption of the new Comprehensive Plan..
Supervisor Claud requested Mr. Hartley respond to the write-up
received by -the .Board that stated water and sewer was available to the
property, however, later information was received that stated sewage •,vas -
not available.
Mr. Hartley stated water was available to this site and staff was under
the impression that both water and sewer was available, however, the
Department. of Public Utilities has advised that sewer is .not available and
would not be reasonable because of the railroad to require them to hook. up
to the public system. He noted while they have water, they. would have to
put in a private septic system.
Supervisor Claud inquired if the applicant was planning to proceed
with a septic system from the .beginning.
Mr. Faucet stated the .housing area. does not have an emergency
entrance and it was suggested that the Post could give them an emergency
exit and the Post hook up to their septic system. He stated the other sewage.
line where International Paper is hooked up to is located on the other side of
.the railroad .track and since they were able to do this, he is sure it .can be
done again or a suitable septic. system until such time`.there is a sewer line
available.
Supervisor MacManus moved the Board approve. the application of F.
Bruce Stewart and Holt M. Livesay based on the June 21, 2001. letter and
including the July 14, 2001 preferred changes. The motion was a tie vote
(2-2) with Supervisors MacManus and Bradby voting in favor; Supervisors
.Clark- and Claud against the motion; and, Supervisor Bradshaw abstaining
from voting noting he had a conflict of interest.
County Attorney Crook advised the Board that the tiebreaker (White)
would be present at the Board's September 6, 2001 meeting: to vote.
Chairman Bradby called for a public hearing on the following:.
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E. The application of Herbert L. Diggs, Jr. fora .change in zoning
classification from NC-R2 to RAC approximately .5 acre of land
located at 9270 Thomas Park Lane, Smithfield, in Newport
Magisterial District. The purpose of the application is for the
permanent location of a double-wide mobile home
Chairman Bradby called for citizens to speak in favor of or in
.opposition to the application.
Herbert L. Diggs, Jr. requested the Board approve his application.
Chairman Bradby closed the public hearing and called for comments
from the Board.
Supervisor Bradby moved the- Board approve the application of
Herbert L. Diggs, Jr. The motion was adopted with Supervisors MacManus,
Bradshaw, Bradby, Clark and Claud voting in favor of the motion (5-0) and
no Supervisors voting against the motion.
Chairman Bradby called for a public hearing on the following:
F. The application of the Leslie W. Thacker, Estate, owner and
Michael D. Thacker, prospective owner, for a .change in zoning
classification from RAC to Conditional Rural Residential,
approximately ninety (90) acres of land located on the south side
of Mill Swamp Road (Route 626) east of Emmanuel Church
Road (Route 708) and west of Bub's Lane, in Hardy Magisterial
.District. The purpose of the application. is for no more than
three (3) single family residential lots, as conditioned.
Chairman Bradby called for citizens to speak in favor or in opposition
to the application.
Michael. Thacker requested the Board approve his application, as
proffered
Chairman Bradby closed the public hearing .and called for comments
from the Board.
Supervisor MacManus moved the Board approve. the application of
Leslie W. Thacker, Estate, as proffered. The motion was adopted with
Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor
of the. motion (5-0) and no Supervisors voting against the motion.
Chairman Bradby called for a public hearing on the following:
G. The application of Carol D. Scott for a change in zoning
classification. from RAC to Conditional -Community Center,
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approximately 5 acres of land located on the south side ofUzzell
Church Road (Route 692) and off the west side of Carroll Bridge
Road (Route 654), Smithfield,. in Newport Magisterial District.
The purpose of the application is for the creation of no more
than four (4) single family residential lots, as conditioned.
Chairman Bradby called for citizens to .speak in favor of or in
opposition to the application.
Carol D. Scott requested the .Board approve her application, as
proffered.
Chairman Bradby closed. the public hearing and called for comments
from the Board.
Supervisor Claud: moved the Board. approve the application of Carol
D: Scott, as proffered. -The motion was adopted with Supervisors
MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the
motion (5-0) and no Supervisors voting against the motion.
Chairman Bradby called for a public hearing on the following:
H. The application of John M. Marshall for a change in zoning
classification from RAC to Conditional General Commercial
three (3) acres of land located at the terminus of Boundary- Road.
(Route 2026). which is off the west side of Smith's Neck Road
(Route 665), Carrollton, in Newport Magisterial District. The
purpose of the application is for a general auction once a month,
a5 conditioned.
Chairman Bradby called for citizens to speak in favor of or in
opposition to the application.
John M. Marshall requested the Board approve his request for a
Conditional Use Permit to allow him to use his property once a month in a
commercial activity. He stated in January of 2001, he received a letter and a
phone call from the Codes Enforcer indicating that. he 'was in violation as he
has been conducting a commercial. activity on land zoned agricultural on a
regular basis., however, he could not define the number of auctions he :could
perform on his property. He stated four (4) months later he received a letter .
indicating that he must apply for a rezoning immediately.. He stated this.
property has been in his family since .civil war days and he purchased the.
fourteen (14) acres from his father in 1999 for the use of auctions. He stated
the issue of parking has been raised and he is willing to make a parking area
if his application is approved. He stated- he is only requesting that one (1)
day a month he be allowed to use his property for the purpose of :holding an e
auction.
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Supervisor Clark inquired if Mr. Marshall had ever received
complaints from the trailer park.
Mr. Marshall stated after holding his first auction, he was requested to
address the parking for liability purposes. He stated. he then roped off the
area and hired a person to park the. cars. Since then, he stated, he has not
received any complaints.
Responding to Supervisor Clark's inquiryabout the days and hours of
Mr. Marshall's proposed auctions, Mr. Marshall stated he normally holds an
auction on the first Saturday of each month from 10:00 a.m. until 4:00 p.m.
that .afternoon.
Supervisor Clark .inquired if Mr. Marshall would agree to submit a
parking plan.
Mr. Marshall replied this would be no problem.
Supervisor Bradshaw inquired if Mr. Marshall has continued to hold
.auctions after being notified by the County that he was not in compliance
with the zoning.
Mr. Marshall stated after being. notified in May of 2001, he relocated
his auctions temporarily to another piece of property.
Supervisor MacManus noted that the Planning Commission voted
unanimously to recommend denial of the application to the Board. He
inquired the reasoning for the vote, as well as what would be necessary for
Mr. Marshall to conduct his auctions.
Mr. Hartley stated the Planning Commission expressed that the zoning
was not consistent with the Comprehensive Plan and that while Mr.
:Marshall had been advised that he could not conduct activities on that
property he did continue to schedule auctions. He stated he was first.
contacted in January of 2001. and it was not until. May of 2001 that Mr.
Marshall had actually applied for a rezoning and conducted another auction
at another location other than this property. He stated if the rezoning is
approved,. Mr. Marshall would need to submit a site plan and address the
parking and sanitation issues.
Supervisor Clark inquired how long Mr. Marshall has been conducting
auctions at this .property.
Mr.. Marshall advised he performed two (2) auctions in 1999 and six
(6) auctions in 2000.
Chairman Bradby closed the public hearing and called for comments
from the Board.
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.Supervisor Bradshaw moved the Board follow the recommendation of
.the Planning Commission and deny the application of John M. Marshall.
The motion was defeated (3-2) with Supervisors Bradshaw and Bradby
voting in favor of the motion and Supervisors Clark, Claud and MacManus
voting against the motion.
Supervisor MacManus stated Mr. Marshall is requesting approval of a
,Conditional Use Permit and he would suggest. that. the Board place
conditions that make it acceptable to the County,' as vvell as Mr. Marshall.
He stated Mr. Marshall would need to comply with holding his auctions
once a month only. on a .Saturday from 10:00 a:m. until 3:00 p.m. with
adequate restroom facilities and parking recommendations.
Supervisor Clark stated that in addition to Supervisor MacManus'
recommended conditions, he would also like for the rezoning to follow the
owner..
Supervisor Claud requested an added condition that only the three (3)
.acres up front of the property be included in the rezoning, not the entire
property.
Supervisor Bradshaw stated the Board and., staff, have spent
considerable .time with the Comprehensive Plan and this is the second
application tonight that the Board will be voting on that is inconsistent with
the Plan. He further stated Mr. Marshall knew his land was zoned
agricultural and Mr. Marshall: knew he would have to begin paying the
business license tax. He stated Mr. Marshall has not done any favors for the
County and he believes .the. Board should follow the Comprehensive Plan,
otherwise, the Board is opening the door for future cases.
Supervisor MacManus moved the Board defer .action until staff can
come back with provisions necessary to make this .proposed use work to
benefit. the community. The motion was adopted (3-2) with .Supervisor
MacManus, Clark and Claud voting in favor of the motionand Supervisors
Bradshaw and Bradby voting against the motion.
Chairman Bradby called for a public hearing on the following:.
I. The application of the Bernard W. Redford, owner and Wyatt S.
-and Amber S. Davis, .prospective owners ..for a change in zoning
classification from RAC to Conditional General Commercial
approximately 1.5 acres of land located on the south side of
Carrollton .Boulevard, at 15624 Carrollton Boulevard, which is
south of Cedar Grove .Road .(Route 661) and north of Butterfield
Lane, in Newport Magisterial. District. The purpose of the
application is for an .asphalt maintenance business, as
conditioned.
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Chairman Bradby called for citizens to speak in favor of or in
opposition to the application.
Janet Brown of Butterfield Lane expressed. opposition to the noise and
odor produced from trucks hauling asphalt into the .area.
James Baldwin of Carrollton Boulevard stated he is opposed to the
application because the business would be .located at his backdoor and
trucks would be entering at the side of his home, ~ He stated he has black
Australian swans that swim in his pond and he is concerned with any runoff
from the asphalt.
Albert Richard, brother of .the applicant, stated he is against the
application because the applicant has not advised if he intends to store
hazardous chemicals and because it is inconsistent with the area. He stated
he also. has concerns with the odor produced from the asphalt.
Dr. Roger Phillips of Butterfield Lane stated the features of this area
which are preserved in the Comprehensive Plan are the features that
persuaded his family to settle here. He stated there are a number of ponds
which contain a wide diversity of wildlife -and plant life which are drained
by the watershed on which the subject property sits. He stated. the property
is located within zoned property designated as Suburban Estates which has
nothing to do with businesses. He stated residents have chosen to locate
their homes in this area because of its beautiful landscape and proximity to
quiet wetlands. He expressed concern -with the environmental impact
because the issues of air and water quality_are not addressed. He stated as a
physician, he is familiar with the toxic nature of the chemicals used in this
business. which may be air-borne or water-borne and he is concerned about
the effects: vapors or fluids either accidentally or intentionally released by
.this business would have on his and neighboring children. He requested the
Board uphold the Planning Commission's decision to deny the. application.
.County Administrator Casket' noted for the record that the Board
received three (3) letters of opposition.
Chairman Bradby closed the public hearing and called for comments
from the Board.
Supervisor Clark stated he would recommend the ..Board deny the
application because it is an industrial use which is an inconsistent use of
property that abuts against the surrounding residential use.
Supervisor Clark moved the Board deny the application of Bernard W.
Redford. The motion was adopted with Supervisors MacManus, Bradshaw,.
Bradby, Clark and Claud voting in -favor of the motion (5-0) and no
Supervisors voting against the motion..
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Supervisor Bradshaw moved the Board:-take a five (5) minute recess.
The motion was adopted unanimously (5-0).
//
Upon returning. to open session, .Chairman Bradby noted for
consideration of the Board a report provided by the Treasurer concerning
delinquent taxes from June 30, 2000.
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County Attorney .Crook advised that the Treasurer is required by
statute to provide a report to the Board annually of delinquent taxes. He
noted that the Board authorized the report to be advertised in the newspaper
the previous year.
Supervisor Clark moved that the Board direct the Treasurer to publish
the delinquent tax collection report as presented by the Treasurer and in the
- same manner as publishedthe previous year. Themotion was adopted with
.Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor
of the motion (S-0) and no Supervisors voting against the motion.
Chairman Bradby indicated the following Consent Agenda included
Items 7, A through D, and asked if there were any items for removal:
A. .Delinquent Real Estate Tax Collection Monthly Report
B. July 19, 2001 Continued Meeting Minutes
C. July 19, 2001 Regular Meeting Minutes
D. July 31, 2001 Continued Meeting Minutes
Supervisor Claud moved the Board approve all ,items of the Consent.
Agenda. The motion was adopted with Supervisors MaeManus, Bradshaw, ,
Bradby, Clark and. Claud voting in favor of the motion (5-0) and no
Supervisors voting against the motion.
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Chairman Bradby called for. Old Business.
Supervisor Claud advised .that the: pipeline dedication ceremony was
held by the Western Tidewater Water Authority at 12;00 p.m. on the
Chuckatuck Bridge.
Supervisor MacManus requested the status of the .build-out schedule:
from Charter Communications.
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County Administrator Caskey advised that the schedule was received
in his .office today and Mr. Hornbaker is in the process of reviewing the
digital format.
Supervisor Bradshaw requestedthe County Administrator advise Ms.
Stallings, Manager of Charter Communications. Company, of the numerous
complaints he has received regarding poor cable reception or no service in
the Carrsville area. He requested refunding of entire Carrsville area for this
month.
Chairman Bradby requested that the County Administrator inform Ms.
Stallings of a low-lying cable. along Route 10 just before Burwells Bay.
Upon inquiry from Supervisor MacManus, Mr. Nogiec advised that an
official ribbon cutting for the Skate Park will occur in October, 2001..
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Chairman Bradby called for New Business.
Supervisor MacManus stated regarding a letter from the Corps of
Engineers requesting comments from the County, Supervisor MacManus
moved the Board direct staff to develop information based on comments
received today and report to the Board at its September 6, 2001 meeting.
The motion was adopted with Supervisors MacManus, Bradshaw, Bradby,
..Clark and Claud. voting in favor of the motion (5-0) and no Supervisors
voting against the motion.
Supervisor. MacManus requested staff to verify the split of proffered
monies for the London Park development and that staff further determine if
any amount is to go to the Town of Smithfield.
Supervisor 1VIacManus stated. the Town of Smithfield has revised its
Subdivision Ordinance for street lights to .require a provision for electric
service to be provided for seven (7) years..
Mr. Hartley stated the. County has a Board policy on street lighting
which requires the developer to pay for the cost of installation. and five. (5)
years. ofelectric cost based on estimates of the power company serving it.
Supervisor MacManus stated the County should. at least be equal to
what the Town of Smithfield is requiring which is seven (7) years based
upon review of the Hampton Roads communities.
Supervisor MacManus moved the Board direct staff to develop for the
Board's review and approval a new policy .requirement, obligating the
payment for street lights to be seven (7) years versus five (5) years. The
motion was adopted with Supervisors MacManus, Bradshaw, Bradby, Clark
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and Claud voting in favor of the motion (5-0) and no Supervisors voting
against the motion. -
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Supervisor MacManus inquired about the.. status of the Bicycle
Committee.
Mr. Nogiec advised that he recently sent a letter to the members of the
Committee advising that the Committee will meet in October,. 2001 to put
together a plan on what they will do. He further advised there is one (1)
appointment that needs to be made. to the Committee to represent the Hardy
District.
Supervisor Claud moved the Board have a work session. with the
Director of Parks and Recreation and the Recreation Advisory Committee at
the Board's first meeting in November, 2001 regarding the master plan. for
the Central County Park.. The meeting will begin one (1) hour. prior to the
regular meeting. All Board members are to talk to their representative about
their interest in continuing to serve'in this capacity or replace as necessary.
The motion was adopted with Supervisors 1VIacManus, Bradshaw, Bradby,
Clark and Claud voting in favor of the motion (5-0) and no Supervisors `
voting against the motion.
//
Chairman Bradby called for Appointments.
Supervisor. Bradshaw moved the Board reappoint_ Reverend James
Key, III to the Southeastern Tidewater Opportunity Project. The motion was
adopted unanimously (5-0).
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County Attorney Crook requested the Board enter closed `session
under Section 2. T-344 A7 of the Freedom of Information Act for advice of
.counsel on a probable litigation matter and under Section 2.1-344 A3
concerning three (3) matters of property acquisition where public disclosure
would adversely affect the County's negotiating position.
Supervisor Claude requested the Board enter closed. session under
Section 2.1-344 A 1 of the Freedom of .Information Act concerning a
personnel matter.
County Administrator Casket' requested the Board enter: closed
session under Section 2.1-344 A 1 of the Freedom of Information Act
concerning a personnel matter.
Supervisor Clark moved. the Board enter closed session for the reasons:
stated. The motion was adopted with Supervisors MacManus, Bradshaw,
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Bradby, Clark and Claud voting in favor of the motion (5-0) and. no
Supervisors voting against the motion.
Upon returning to open session, Supervisor. Bradshaw moved the
Board adopt the following resolution:
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors has convened a closed meeting on
this date. pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
WHEREAS, 2. l -344.1 D of the Code of Virginia requires a certification
by this Board of Supervisors that such closed meeting was. conducted in
conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i) only public
business matters lawfully exempted from open meeting requirements by
Virginia law were discussed in the closed meeting to which this certification
resolution applies, and (ii) only such public business matters as were identified
in the motion convening the closed meeting were heard, discussed or
considered by the Board of Supervisors.
VOTE
AYES: MacManus, Bradby, Bradshaw, Clark and Claud
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
The motion was adopted with Supervisors MacManus,
Bradshaw, Bradby, Clark and Claud voting in favor of the motion (5-0) and
no Supervisors voting against the motion.
. Supervisor Claud moved the Board authorize the County Attorney to
proceed with litigation on the matter discussed in closed session. The
motion was adopted with Supervisors MacManus, Bradshaw, Bradby, Clark
and Claud. voting in favor of the motion (5-0) and no Supervisors voting
against the motion.
Supervisor Claud moved the Board withdraw the rezoning application
for the Greyland property. The motion was adopted with Supervisors
MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the
motion (5-0) and no Supervisors voting against the motion.
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Supervisor Clark moved the Board amend the rezoning for Sustainable
Forest tract to conditional zoning .and include. proffers of restrictive:
covenants. The motion was adopted with Supervisors MacManus,
Bradshaw, Bradby, Clark and Claud voting in favor of the motion (5-0) and
no Supervisors voting against the motion.
At 10:30 p.m., Supervisor Clark moved the Board continue its. meeting
until September 6, 2001 at 1:00 p.m for the purpose of discussing personnel
issues in closed session. The motion was .adopted with Supervisors
MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of .the
motion (5-0) and no Supervisors voting against the motion.
//
~A\ Henry H, Bradby, Chairman
W i
W. Dou s skey, Cler
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